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59TH CONGRESS,
59TH CONGRESS, HOUSE OF REPRESENTATIVES.

2d

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BRIDGE ACROSS ALLEGHENY RIVER, PENNSYLVANIA.

DECEMBER 14, 1906.—Referred to the House Calendar and ordered to be printed.

Mr. WANGER, from the Committee on Interstate and Foreign Commerce, submitted the following

REPORT.

[To accompany H. R. 21200.]

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 21200) to authorize the county of Allegheny, in the State of Pennsylvania, to construct a bridge across the Allegheny River, in Allegheny County, Pa., having considered the same, report thereon with a recommendation that it pass.

The bill has the approval of the War Department, as will appear by the indorsements attached and made a part of this report.

[Second indorsement.]

WAR DEPARTMENT,
OFFICE OF THE CHIEF OF ENGINEERS,
Washington, December 11, 1906.

Respectfully returned to the Secretary of War. The accompanying bill, H. R. 21200, Fifty-ninth Congress, second session, to authorize the construction of a bridge across the Allegheny River, appears to make ample provision for the protection of navigation interests, and I know of no objection to its favorable consideration by Congress, so far as those interests are concerned.

A. MACKENZIE,
Brig. Gen., Chief of Engineers, U. S. Army.

[Third indorsement.]

WAR DEPARTMENT, December 11, 1906.

Respectfully returned to the chairman Committee on Interstate and Foreign Commerce, House of Representatives, inviting attention to the foregoing report of the Chief of Engineers, United States Army.

ROBERT SHAW OLIVER,

Assistant Secretary of War.

2d Session.

No. 5465.

EXTENSION OF SEVENTEENTH STREET NW.

DECEMBER 14, 1906.-Referred to the House Calendar and ordered to be printed.

Mr. BABCOCK, from the Committee on the District of Columbia, submitted the following

REPORT.

[To accompany H. R. 121.]

The Committee on the District of Columbia, to whom was referred the bill (H. R. 121) authorizing the extension of Seventeenth street NW., report the same back to the House with the recommendation that it do pass when amended as follows:

Strike out all after the enacting clause and insert in lieu thereof the following:

That, under and in accordance with the provisions of sections four hundred and ninety-one a to four hundred and ninety-one n, both inclusive, of subchap ter one of chapter fifteen of the Code of Law for the District of Columbia, within sixty days after the passage of this act the Commissioners of the District of Columbia be, and they are hereby, authorized and directed to institute in the supreme court of the District of Columbia a proceeding in rem to condemn the land that may be necessary for the extension of Seventeenth street from Kenyon street to Irving street, with a width of ninety feet.

SEC. 2. That the assessments shall be made by the jury as benefits as contemplated in section four hundred and ninety-one g of the subchapter of the Code herein before referred to: Provided, That the total amount found to be due and awarded as damages, plus the cost and expenses of the proceedings, shall be assessed by the said jury as benefits.

SEC. 3. That the sum of five hundred dollars, or so much thereof as may be necessary, is hereby appropriated out of the revenues of the District of Columbia to provide the necessary funds for the costs and expenses of the con demnation proceedings taken pursuant hereto, to be repaid to the District of Columbia from the assessment for benefits when the same are collected, and a sufficient sum to pay the amounts of all judgments and awards is hereby appropriated out of the revenues of the District of Columbia.

The amendment recommended by your committee in the nature of a substitute is for the purpose of bringing the proposed legislation in harmony with sections 491a to 491n of the Code of Law for the District of Columbia, these sections regulating proceedings for the condemnation of lands for streets.

As this improvement is considered to be of advantage mainly to that immediate section of the city, provision has been made in section 2 of the substitute so that the property benefited will be assessed to cover the amount awarded as damages for land taken, as well as for the costs and expenses of the condemnation proceedings, which entire amount will be returned to the District revenues, as it will be assessed as benefits, and the District of Columbia will ultimately bear no portion of the expense of this improvement.

This measure was drafted by the Commissioners of the District of Columbia, and introduced at their request, as will be seen by the following letter:

OFFICE COMMISSIONERS OF THE DISTRICT OF COLUMBIA,

Washington, November 21, 1905. DEAR SIR: The Commissioners of the District of Columbia have the honor to forward herewith draft of a bill providing for the extension of Seventeenth street NW. from Kenyon street to Irving street, and to request its enactment. A plat is inclosed showing in red the land proposed to be condemned. The estimated cost of the extension is $17,887. The object of the bill is to prevent the bottling up of the streets in this locality by providing a connection between Irving street and Seventeenth street. It is probable that if the extension is not made in the near future the land comprised within it will be built upon and at some future date buildings will have to be condemned as well as land. The bill follows generally the form of street extension bills enacted by Congress, and provides that the entire amount found to be due and awarded as damages shall be assessed on adjacent property. This is believed to be just and equitable as the benefit will be local.

Very respectfully,

HENRY B. F. MACFARLAND,

President of the Board of Commissioners of the District of Columbia. Hon. J. W. BABCOCK,

Chairman of Committee on the District of Columbia,

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HIGHWAY BETWEEN WATER SIDE DRIVE AND PARK ROAD.

DECEMBER 14, 1906.-Referred to the House Calendar and ordered to be printed.

Mr. BABCOCK, from the Committee on the District of Columbia, submitted the following

REPORT.

[To accompany H. R. 128.]

The Committee on the District of Columbia, to whom was referred the bill (H. R. 128) for the opening of a connecting highway between Water Side drive and Park road, District of Columbia, report the same back to the House with the recommendation that it do pass when amended as follows:

Strike out all after the enacting clause and insert in lieu thereof the following:

That, under and in accordance with the provisions of sections four hundred and ninety-one a to four hundred and ninety-one n, both inclusive, of subchapter one of chapter fifteen of the Code of Law for the District of Columbia, within six months after the passage of this act the Commissioners of the District of Columbia be, and they are hereby, authorized and directed to institute in the supreme court of the District of Columbia a proceeding in rem to condemn the land that may be necessary for connecting the north end of Water Side drive, in Kalorama Heights, just above Q street, with the south end of Park road, in Belair Heights, by a highway sixty feet wide, all in accordance with plans on file in the office of the Engineer Commissioner, District of Columbia.

SEC. 2. That assessments shall be made by the jury as benefits as contemplated in section four hundred and ninety-one g of the subchapter of the Code herein before referred to: Provided, That the total amount found to be due and awarded as damages, plus the cost and expenses of the proceedings, shall be assessed by the said jury as benefits.

SEC. 3. That the sum of six hundred dollars, or so much thereof as may be necessary, is hereby appropriated, out of the revenues of the District of Columbia, to provide the necessary funds for the costs and expenses of the coudemnation proceedings taken pursuant hereto, to be repaid to the District of Columbia from the assessment for benefits when the same are collected, and a sufficient sum to pay the amounts of all judgments and awards is hereby appropriated out of the revenues of the District of Columbia.

The amendment recommended by your committee in the nature of a substitute is for the purpose of bringing the proposed legisla

tion in harmony with sections 491a to 491n of the Code of Law for the District of Columbia, these sections regulating proceedings for the condemnation of lands for streets.

As this improvement is considered to be of advantage mainly to that immediate section of the city, provision has been made in section 2 of the substitute so that the property benefited will be assessed to cover the amount awarded as damages for land taken, as well as for the costs and expenses of the condemnation proceedings, which entire amount will be returned to the District revenues, as it will be assessed as benefits, and the District of Columbia will ultimately bear no portion of the expense of this improvement.

This measure was drafted by the Commissioners of the District of Columbia and introduced at their request, as will be seen by the following letter:

OFFICE COMMISSIONERS OF THE DISTRICT OF COLUMBIA,

Washington, November 21, 1905.

DEAR SIR: The Commissioners of the District of Columbia have the honor to forward a bill to provide for the opening of a connecting highway between Water Side drive and Park road, which was introduced at the last session of Congress, but which failed of passage, and to request its enactment at the present session. They also invite your attention to the map prepared, showing this connecting driveway, which was forwarded to your committee with the original draft of the bill. As will be seen by this map and the bill, the object of the proposed legislation is to connect two pieces of roadway owned by the District of Columbia. The land through which it is proposed to extend this highway is in a bottom along Rock Creek, and it will probably never be subdivided or built upon, nor is it probable that the land for the highway will be dedicated. As the District already owns driveways on both ends of the proposed highway, the bill, if passed, will provide for a continuous driveway along Rock Creek from Q street to Massachusetts avenue.

The necessity for the purchase of the land at the present time is that realestate holdings in this vicinity are rapidly increasing in value, so that if the land is acquired now the cost will be less than if it is done a few years hence, and it is desired by the Commissioners to keep this roadway below the level of Massachusetts avenue. The property owners are rapidly filling in this valley, and under present conditions it is impossible for the Commissioners to prevent this, as the filling is being done on private property. If the roadway, however, becomes the property of the District, its grade can be established, and it will then be possible to prevent filling of the adjacent land above this grade. The amount of land required is about 1 acre, and the estimated cost is about $6,000. The opening of the parkway proposed herein will not interfere with any plans projected for covering in Rock Creek below Oak Hill Cemetery.

Very respectfully,

Hon. J. W. BABCOCK,

HENRY B. F. MACFARLAND, President of the Board of Commissioners of the District of Columbia.

Chairman of the Committee on the District of Columbia,

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